BlandsLaw - Blog posts from BlandsLaw
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We wrote in 2013 about a Federal Court case which by majority found an implied term of mutual trust and confidence in an employment contract. The case involved the redundancy of a long-term employee of the Commonwealth Bank. The employee claimed that the employer breached the implied term of mutual trust and confidence by not engaging properly in the redeployment process. The Federal Court held in favour of the employee and awarded damages of $317,000.
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A recent sexual harassment case,  Richardson v Oracle Corporation Australia Pty Ltd , has generated commentary and surprise about the significant increase to the damages awarded to the complainant on appeal to the full federal court. Ms Richardson, who was the victim of repeated and cruel sexual harassment by a colleague when they were both employees with Oracle, successfully had the original award for damages of $18,000 set aside and replaced with an order of $130,000 for damages.

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Redundancies can be a difficult issue for all involved.
Understanding how to conduct a redundancy properly, fairly and in compliance with the Fair Work Act, will help to avoid a sensitive situation becoming a painful problem further down the track. If you do not follow the correct procedures when making a redundancy, you may find yourself dealing with a claim of unfair dismissal. 
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